Selected Issues in Food and Beverage M&A Transactions

In today's competitive food and beverage industry, with more and more quality-oriented consumers, three legal areas have become of particular concern:

(1) the companies' interest to protect their trade secrets in the form of recipes and formulas 

(2) the requirements of accurate labeling and risks related to mislabeling 

(3) product liability resulting from substances and ingredients of foods or beverages

These concerns are emphasized in connection with acquisitions of food and beverage businesses as a result of disclosure requirements, risk allocation questions and indemnification negotiations in M&A transactions.

The presentation provides practical guidance (using some recent examples) on how to address typical issues encountered in this area to successfully negotiate such an acquisition.

Learning Objectives:

I.    Understand a company's interest in protecting its trade secrets in the form of recipes and formulas

II.   Identify the requirements of accurate labeling and risks related to mislabeling 

III.  Recognize product liability concerns resulting from substances and ingredients of foods or beverages